Hackney carriage and private hire licensing general enforcement policy

Harlow Council has a responsibility to protect the community it serves, using the legislative powers delegated by government.

The ultimate priority of the council is to ensure that drivers, operators and vehicle proprietors licensed by the council carry out their trade in accordance with both the
relevant law and the conditions attached to the licences.

Any enforcement action taken in accordance with this policy will be based on upon the seriousness of the breach and the possible consequences arising out of it.

Decision making process

The council’s primary duty is for the protection of public safety. In order to maintain a consistent approach, this policy will be considered by the council when determining whether a licence holder is 'fit and proper' to hold a private hire driver licence, private hire operator licence, or hackney carriage driver licence. In reaching any decision the council will have regard to the following:

the seriousness of any offences
the licence holders past history
the consequences of non-compliance
likely effectiveness of the various enforcement options
danger to the public

Enforcement options

Once the council has considered all the evidence and relevant information, the following options will be considered, to:

take no action
provide oral advice
provide an advice letter
provide a written warning and advice
suspend a licence
revoke a licence
issue a formal caution
begin prosecution proceedings

Take no action

No action will be taken where the operator, vehicle or driver standards are found to be satisfactory.

Oral advice

There will be occasions when information and advice may be provided to a licence holder during the course of an investigation but where no further action is considered necessary.

Advice letter

Where the licensee’s behaviour or an offence is not serious enough to warrant more formal action or where the consequences of noncompliance do not pose a significant risk to public safety, the Licensing Team may issue an advice letter if it can be assumed that informal action will achieve compliance.

Written warning and advice

In circumstances where the behaviour or offence is serious enough to warrant disciplinary action, the Licensing Team may issue a written warning clearly identifying the contravention. This may contain advice on how to remedy the matter, and may include a deadline by which this must be done. Failure to comply could result in further enforcement action being taken in the future.

The advice may include recommendations that the driver attends a driving standards assessment or tuition, local knowledge test or communications test, delivered by an accredited provider within a prescribed timescale to establish the competence of a driver to drive a taxi or private hire vehicle.

Suspension

Whilst each case will be taken on its own merit, generally, a suspension notice will normally be issued where the licence holder (individual or organisation) has met one or more of the following criteria:

breached legal obligations
has been convicted of a relevant offence
caused material loss to others
engaged in activities that caused distress or put at risk the safety of passengers or the general public
failed to provide information or details that if made available may have resulted in a licence not being granted or renewed
non compliance with council licensing procedures, licensing conditions or legislation
ignored written warnings or failed to remedy an earlier contravention
obstructed, abused, intimidated, threatened or assaulted an officer whilst undertaking his or her duties
any other reasonable cause

When issuing a suspension due consideration must be given to the financial outcome that the individual will be subject to as a result of this sanction.

When considering whether to suspend or revoke a licence, the Licensing Authority can use powers under S.52 of the Road Safety Act 2006 (which amends the Local Government Miscellaneous Provisions Act 1976 by inserting s.61(2A) and 2(B)) to immediately suspend or revoke a Hackney Carriage and Private Hire Drivers’ Licence if ‘the interest of public safety require the suspension or revocation of the licence to have immediate effect’.

Revocation

A licence may be revoked where the licence holder (individual or organisation) has met one or more of the following criteria:

engaged in fraudulent activity
provided false information to obtain a licence
breached legal obligations
been convicted of a relevant offence
put at risk the safety or wellbeing of persons
caused material loss to others
engaged in activities that caused distress or put at risk the safety of passengers or the general public
failed to provide information or details that if made available may have resulted in a licence not being granted or renewed
breached council licensing procedures or conditions
where a licence has previously been suspended
obstructed, abused, intimidated, threatened or assaulted an officer whilst undertaking his or her duties
any other reasonable cause

Formal caution

A formal caution may be issued by the licensing authority as an alternative to prosecution in order to deal quickly and simply with less serious offences or where the use of a caution will reduce the likelihood of reoffending and where it would be in the public interest to do so.

To safeguard the offender’s interests, the following the conditions will be fulfilled before a formal caution is administered:

there must be evidence of the offender’s guilt to give a realistic prospect of conviction
the offender must admit the offence
the offender must understand the significance of a formal caution and give informed consent to being cautioned

Where a person declines to accept a formal caution, alternative enforcement action will be considered. There is no right of appeal against a formal caution.

Prosecution

Discretion will be used in deciding whether to initiate a prosecution. Other approaches to enforcement can often promote compliance more effectively but there are circumstances where prosecution without prior warning and recourse to alternative sanctions may be appropriate. Prosecution will be considered in circumstances where:

the gravity of an alleged offence, taken together with the seriousness of any actual or potential harm, or the general record and approach of the offender warrants it
there has been a reckless disregard of the law, bylaws or condition of licence
there have been repeated breaches which give rise to significant risk, or persistent and significant poor compliance
an activity has been carried out without or in serious non-compliance with an appropriate licence
a licence holder’s standard of operation and activity is found to be far below what is required by law and condition and to be giving rise to significant risk
there has been a repetition of a breach that was subject to a formal caution
false information has been supplied wilfully, or there has been an intent to deceive, in relation to a matter which gives rise to significant risk
an officer has been intentionally obstructed in the lawful course of their duties

The decision to prosecute will take into account the criteria set down in the Code for Crown Prosecutors. The Environment and Licensing Manager may recommend legal proceedings to prosecute offenders where it is considered there is sufficient evidence to provide a realistic prospect of conviction. .

Licencing Subcommittee

Current licensees may be referred to the Licensing Subcommittee for a review of their licence. The Licensing Subcommittee may consider appropriate disciplinary measures on a case by case basis. A referral may take place in the following circumstances:

where a licensee has received a criminal conviction, police caution or, major motoring conviction
relevant history of the licence holder
where the Licensing Team has received a complaints about the actions or conduct of a licence holder
where a licensee has accumulated DVLA penalty points for motoring convictions
where the licensee has breached licensing conditions
where the council has received non-conviction information which gives cause for concern that a licensee is not a fit and proper person

The Subcommittee may decide to take one or more of the following actions:

no action
issue an advice letter or written warning
suspend a licence
revoke a licence

Where cases are referred to the Licensing Subcommittee, the Licensing Team will:

give sufficient notice of the date on which the matter is to be considered
give proper notice to the licence holder of the allegations against them
allow the licence holder the opportunity to address the Subcommittee to present their case and provide supporting evidence
ensure the matter is determined in an impartial manner in accordance with the rules of natural justice
provide a written notice of the decision with reasons, and details of any right of appeal

In situations where immediate action is required to secure public safety, or the licensing authority is unable to convene a Licensing Sub-Committee within a reasonable time, the Environment and Licensing Manager shall, under delegated authority and in consultation with the Chair or Vice-Chair of the Licensing Committee, take action.

Appeals

Appeals against decisions of the Licensing Subcommittee may be made to the magistrates court. Written notification of enforcement actions will include written information on how to appeal, if applicable. This will explain how, where and within what period an appeal may be bought.